Mr. Casey (for himself
and Ms. Snowe) introduced the following
bill; which was read twice and referred to the
Committee on the
Judiciary

A BILL

To provide for evidence-based and promising practices
related to juvenile delinquency and criminal street gang activity prevention
and intervention to help build individual, family, and community strength and
resiliency to ensure that youth lead productive, safe, healthy, gang-free, and
law-abiding lives.

1.

Short title

This Act may be cited as the
Youth Prison Reduction through Opportunities, Mentoring,
Intervention, Support, and Education Act or the
Youth PROMISE
Act.

2.

Table of
contents

The table of contents
for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Findings.

TITLE I—Federal coordination of local and tribal juvenile justice
information and efforts

Sec. 101. PROMISE Advisory Panel.

Sec. 102. Geographic assessment of resource
allocation.

TITLE II—PROMISE Grants

Sec. 200. Purposes.

Subtitle A—PROMISE Assessment and Planning grants

Sec. 201. PROMISE Assessment and Planning grants
authorized.

Sec. 202. PROMISE Coordinating Councils.

Sec. 203. Needs and strengths assessment.

Sec. 204. PROMISE Plan components.

Sec. 205. Authorization of appropriations.

Subtitle B—PROMISE Implementation grants

Sec. 211. PROMISE Implementation grants authorized.

Sec. 212. PROMISE Implementation grant application
requirements.

Sec. 213. Grant award guidelines.

Sec. 214. Reports.

Sec. 215. Authorization of appropriations.

Subtitle C—General PROMISE grant provisions

Sec. 221. Non-supplanting clause.

Sec. 222. Grant application review panel.

Sec. 223. Evaluation of PROMISE grant programs.

TITLE III—PROMISE Research Centers

Sec. 301. Establishment of National Research Center for Proven
Juvenile Justice Practices.

Sec. 702. Expansion and reauthorization of the Mentoring
Initiative for system-involved youth.

Sec. 703. Study on adolescent development and sentences in the
Federal system.

3.

Definitions

In this Act:

(1)

Administrator

The term Administrator means
the Administrator of the Office of Juvenile Justice and Delinquency
Prevention.

(2)

Community

The
term community means a unit of local government or an Indian
Tribe, or part of such a unit or Tribe, as determined by such a unit or Tribe
for the purpose of applying for a grant under this Act.

(3)

Designated
geographic area

The term
designated geographic area means a 5-digit postal ZIP Code
assigned to a geographic area by the United States Postal Service.

(4)

Evidence-based

The
term evidence-based, when used with respect to a practice relating
to juvenile delinquency and criminal street gang activity prevention and
intervention, means a practice (including a service, program, or strategy) that
has statistically significant juvenile delinquency and criminal street gang
activity reduction outcomes when evaluated by—

(A)

an experimental
trial, in which participants are randomly assigned to participate in the
practice that is the subject of the trial; or

(B)

a
quasi-experimental trial, in which the outcomes for participants are compared
with outcomes for a control group that is made up of individuals who are
similar to such participants.

(5)

Intervention

The
term intervention means the provision of programs and services
that are supported by research, are evidence-based or promising practices, and
are provided to youth who are involved in, or who are identified by
evidence-based risk assessment methods as being at high risk of continued
involvement in, juvenile delinquency or criminal street gangs, as a result of
indications that demonstrate involvement with problems such as truancy,
substance abuse, mental health treatment needs, or siblings who have had
involvement with juvenile or criminal justice systems.

(6)

Juvenile
delinquency and criminal street gang activity prevention

The term
juvenile delinquency and criminal street gang activity prevention
means the provision of programs and resources to children and families who have
not yet had substantial contact with criminal justice or juvenile justice
systems, that—

(A)

are designed to
reduce potential juvenile delinquency and criminal street gang activity risks;
and

(B)

are evidence-based
or promising educational, health, mental health, school-based, community-based,
faith-based, parenting, job training, social opportunities and experiences, or
other programs, for youth and their families, that have been demonstrated to be
effective in reducing juvenile delinquency and criminal street gang activity
risks.

(7)

Promising

The
term promising, when used with respect to a practice relating to
juvenile delinquency and criminal street gang activity prevention and
intervention, means a practice that is not evidence-based, but—

(A)

that has outcomes
from an evaluation that demonstrate that such practice reduces juvenile
delinquency or criminal street gang activity; or

(B)

about which a study is being conducted to
determine if such practice is evidence-based.

(8)

Youth

The
term youth means—

(A)

an individual who
is 18 years of age or younger; or

(B)

in any State in
which the maximum age at which the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age, an individual who is
such maximum age or younger.

4.

Findings

The Congress finds as follows:

(1)

Youth gang crime
has taken a toll on a number of urban communities, and senseless acts of
gang-related violence have imposed economic, social, and human costs.

(2)

The use of a wide
range of evidence-based and promising programs, integrated into a
youth-oriented community system of care, has been demonstrated to reduce youth
violence, delinquency, and crime risks, as well as criminal justice, public
assistance, victim assistance, and other costs.

(3)

Coordinated
efforts of stakeholders in the juvenile justice system in a local community,
together with other organizations and community members concerned with the
safety and welfare of children, have a strong record of demonstrated success in
reducing the impact of youth and gang-related crime and violence, as
demonstrated in Boston, Massachusetts, Chicago, Illinois, Richmond, Virginia,
Los Angeles, California, and other communities.

(4)

Investment in
prevention and intervention programs for children and youth, including quality
early childhood programs, comprehensive evidence-based school, after school,
and summer school programs, mentoring programs, mental health and treatment
programs, evidence-based job training programs, and alternative intervention
programs, has been shown to lead to decreased youth arrests, decreased
delinquency, lower recidivism, and greater financial savings from an
educational, economic, social, and criminal justice perspective.

(5)

Criminal justice
costs have become burdensome in many States and cities, requiring reductions in
vital educational, social, welfare, mental health, and related services.

(6)

Targeting
interventions at special youth risk groups and focusing upon relatively
low-cost interventions increases the probability of fiscal benefit.

(7)

Savings achieved
through early intervention and prevention are significant, especially when
non-criminal justice social, educational, mental health, and economic outcomes
are considered.

(8)

Evidence-based
intervention treatment facilities have been shown to reduce youth delinquency
and to be cost-effective.

(9)

The prevention of
child abuse and neglect can help stop a cycle of violence and save up to $5.00
for every $1.00 invested in preventing such abuse and neglect.

(10)

Quality early
childhood education programs have been demonstrated to help children start
school ready to learn and to reduce delinquency and criminal street gang
activity risks.

(11)

Evidence-based
mentoring programs have been shown to prevent youth drug abuse and
violence.

(12)

Evidence-based
school-based comprehensive instructional programs that pair youth with
responsible adult mentors have been shown to have a strong impact upon
delinquency prevention.

(13)

After-school
programs that connect children to caring adults and that provide constructive
activities during the peak hours of juvenile delinquency and criminal street
gang activity, between 3:00 and 6:00 in the afternoon, have been shown to
reduce delinquency and the attendant costs imposed on the juvenile and criminal
justice systems.

(14)

States with
higher levels of educational attainment have been shown to have crime rates
lower than the national average. Researchers have found that a 5 percent
increase in male high school graduation rates would produce an annual savings
of almost $5,000,000,000 in crime-related expenses.

(15)

Therapeutic
programs that engage and motivate high-risk youth and their families to change
behaviors that often result in criminal activity have been shown to
significantly reduce recidivism among juvenile offenders, and significantly
reduce the attendant costs of crime and delinquency imposed upon the juvenile
and criminal justice systems.

(16)

Comprehensive
programs that target kids who are already serious juvenile offenders by
addressing the multiple factors in peer, school, neighborhood, and family
environments known to be related to delinquency can reduce recidivism among
juvenile offenders and save the public significant economic costs.

(17)

There are many
alternatives to incarceration of youth that have been proven to be more
effective in reducing crime and violence at the National, State, local, and
tribal levels, and the failure to provide for such effective alternatives is a
pervasive problem that leads to increased youth, and later adult, crime and
violence.

(18)

Drug- and
alcohol-dependent youth, and youth dually diagnosed with addiction and mental
health disorders, are more likely to become involved with the juvenile justice
system than youth without such risk factors, absent appropriate prevention and
intervention services.

(19)

Research funded
by the Department of Justice indicates that gang-membership is short-lived
among adolescents. With very few youth remaining gang-involved throughout their
adolescent years, ongoing opportunities for intervention exist.

(20)

Excessively
punitive juvenile justice policies, including over-reliance on incarceration
and confinement of youth, particularly in the early stages of delinquent
behavior and for non-violent delinquent behavior, have been shown to increase
long-term crime risks.

(21)

Children of color
are over-represented relative to the general population at every stage of the
juvenile justice system.

(22)

The rise in
homicides in several cities in recent years followed declines in Federal
funding provided for law enforcement, educational, health and mental health,
social services, and other support to localities for youth, their families, and
other community-oriented programs and approaches.

(23)

Direct expenditure
for jails and prisons, correctional personnel, prosecution, and law enforcement
strategies that lead to increased incarceration have been steadily increasing.
In fiscal year 2005, Federal, State, and local governments spent an estimated
$204,000,000,000 for law enforcement, incarceration, corrections, and attendant
judicial expenses, a 5.5 percent increase over the previous year.

I

Federal
coordination of local and tribal juvenile justice information and
efforts

The Administrator
shall provide technical and financial assistance to a nonpartisan, nonprofit
organization that is described in section 501(c)(3) of the Internal Revenue
Code of 1986, to assist such organization in carrying out the functions
specified in paragraph (2). To receive such assistance, an organization
shall—

(A)

be governed by individuals who—

(i)

have been
appointed by a chief executive of a State to serve as a State advisory group
member under subsection (a)(3); and

(ii)

are elected to
serve as a governing officer of such organization by a majority of the Chairs
(or Chair-designees) of all such State advisory groups;

(B)

include member
representatives from a majority of such State advisory groups, who shall be
representative of regionally and demographically diverse States and
jurisdictions; and

(C)

annually seek
appointments by the chief executive of each State of one State advisory group
member and one alternate State advisory group member from each such State to
implement the advisory functions specified in subparagraphs (D) and (E) of
paragraph (2), including serving on the PROMISE Advisory Panel, and make a
record of any such appointments available to the
public.

;
and

(2)

in paragraph (2),
by amending subparagraph (D) to read as follows:

(D)

advising the
Administrator with respect to particular functions or aspects of the work of
the Office, and appointing a representative, diverse group of members of such
organization under paragraph (1) to serve as an advisory panel of State
juvenile justice advisors (referred to as the PROMISE Advisory
Panel) to carry out the functions specified in subsection (g);
and

.

(b)

PROMISE Advisory
Panel

Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is further amended by adding at the end
the following new subsection:

provide the Administrator with a list of
individuals who have experience in administering or evaluating practices that
serve youth involved in, or at risk of involvement in, juvenile delinquency and
criminal street gang activity, from which the Administrator shall select
individuals who shall—

(i)

provide to the Administrator peer reviews
of applications submitted by units of local government and Indian tribes
pursuant to title II of such Act, to ensure that such applications demonstrate
a clear plan to—

(I)

serve youth as
part of an entire family unit; and

(II)

coordinate the
delivery of service to youth among agencies; and

(ii)

advise the
Administrator with respect to the award and allocation of PROMISE Planning
grants to local and tribal governments that develop PROMISE Coordinating
Councils, and of PROMISE Implementation grants to such PROMISE Coordinating
Councils, pursuant to title II of such Act;

(C)

develop performance standards to be used to
evaluate programs and activities carried out with grants under title II of the
Youth PROMISE Act, including the evaluation of changes achieved as a result of
such programs and activities related to decreases in juvenile delinquency and
criminal street gang activity, including—

diversion of
youth with a high risk of continuing involvement in juvenile delinquency or
criminal street gang activity; and

(iii)

financial savings from deferred or
eliminated costs, or other benefits, as a result of such programs and
activities, and the reinvestment by the unit or Tribe of any such savings;
and

(D)

provide the Center for Youth-oriented
Policing with a list of individuals the Panel recommends for membership on the
Youth-oriented Policing Services Advisory Board, pursuant to section 403(c) of
the Youth PROMISE Act.

(2)

Annual
report

Not later than 18 months after the date of the enactment
of the Youth PROMISE Act, and annually thereafter, the PROMISE Advisory Panel
shall prepare a report containing the findings and determinations under
paragraph (1)(A) and shall submit such report to Congress, the President, the
Attorney General, and the chief executive and chief law enforcement officer of
each State, unit of local government, and Indian
Tribe.

.

(c)

Authorization of
appropriations

Section
299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5671(a)(1)) is amended to read as follows:

(1)

There are authorized to be appropriated to
carry out this title—

(A)

$6,800,000 for
fiscal year 2010;

(B)

$7,800,000 for
fiscal year 2011;

(C)

$8,800,000 for
fiscal year 2012;

(D)

$11,000,000 for
fiscal year 2013; and

(E)

$13,600,000 for
fiscal year
2014.

.

102.

Geographic
assessment of resource allocation

(a)

Grant for
collection of data To determine need

Subject to the availability
of appropriations, the Administrator shall award a grant, on a competitive
basis, to an organization to—

(1)

collect and
analyze data related to the existing juvenile delinquency and criminal street
gang activity prevention and intervention needs and resources in each
designated geographic area;

(2)

use the data
collected and analyzed under
paragraph (1) to compile a list of
designated geographic areas that are in need of resources to carry out juvenile
delinquency and criminal street gang activity prevention and
intervention;

(3)

use the data collected and analyzed under
paragraph (1) to rank such areas in
descending order by the amount of need for resources to carry out juvenile
delinquency and criminal street gang activity prevention and intervention,
ranking the area with the greatest need for such resources highest; and

(4)

periodically
update the list under
paragraph (2) and the rankings under
paragraph (3) as the Administrator
determines to be appropriate.

(b)

Data
sources

In compiling such list and determining such rankings, the
organization shall collect and analyze data relating to juvenile delinquency
and criminal street gang activity prevention and intervention—

(1)

using the
geographic information system and web-based mapping application known as the
Socioeconomic Mapping and Resource Topography (SMART) system;

(2)

from the
Department of Health and Human Services, the Department of Labor, the
Department of Housing and Urban Development, and the Department of Education;
and

(3)

from the annual KIDS Count Data Book and
other data made available by the KIDS Count initiative of the Annie E. Casey
Foundation.

(c)

Use of data by
the Administrator

The list and rankings required by this section
shall be provided to the Administrator to be used to provide funds under this
Act in the most strategic and effective manner to ensure that resources and
services are provided to youth in the communities with the greatest need for
such resources and services.

(d)

Limitation on
use of collected data

The information collected and analyzed
under this section may not be used for any purpose other than to carry out the
purposes of this Act. Such information may not be used for any purpose related
to the investigation or prosecution of any person, or for profiling of
individuals based on race, ethnicity, socio-economic status, or any other
characteristic.

(e)

Authorization of
appropriations

There is authorized to be appropriated to carry
out this section $1,000,000 for each of the fiscal years 2010 through
2012.

II

PROMISE
Grants

200.

Purposes

The purposes of the grant programs
established under this title are to—

(1)

enable local and
tribal communities to assess the unmet needs of youth who are involved in, or
are at risk of involvement in, juvenile delinquency or criminal street
gangs;

(2)

develop plans
appropriate for a community to address those unmet needs with juvenile
delinquency and gang prevention and intervention practices; and

(3)

implement and
evaluate such plans in a manner consistent with this Act.

A

PROMISE Assessment
and Planning grants

201.

PROMISE
Assessment and Planning grants authorized

(a)

Grants
authorized

The Administrator is authorized to award grants to
units of local government and Indian Tribes to assist PROMISE Coordinating
Councils with planning and assessing evidence-based and promising practices
relating to juvenile delinquency and criminal street gang activity prevention
and intervention, especially for youth who are involved in, or who are at risk
of involvement in, juvenile delinquency and criminal street gang activity. Such
PROMISE Coordinating Councils shall—

(1)

conduct an
objective needs and strengths assessment in accordance with section 203;
and

(2)

develop a PROMISE Plan in accordance with
section 204, based on the assessment conducted in accordance with section
203.

(b)

Grant duration,
amount, and allocation

(1)

Duration

A
grant awarded under this section shall be for a period not to exceed one
year.

(2)

Maximum grant
amount

A grant awarded under this section shall not exceed
$300,000.

(c)

Allocation

(1)

Minimum
allocation

Subject to the availability of appropriations, the
Administrator shall ensure that the total funds allocated under this section to
units of local governments and Indian tribes in a State shall not be less than
$250,000.

(2)

Ratable
reduction

If the amount made available for grants under this
section for any fiscal year is less than the amount required to provide the
minimum allocation of funds under paragraph (1) to units of local government
and Indian tribes in each State, then the amount of such minimum allocation
shall be ratably reduced.

202.

PROMISE
Coordinating Councils

To be
eligible to receive a grant under this subtitle, a unit of local government or
an Indian Tribe shall establish a PROMISE Coordinating Council for each
community of such unit or Tribe, respectively, for which such unit or Tribe is
applying for a grant under this subtitle. Each such community shall include one
or more designated geographic areas identified on the list required under
section 102(a)(2). The members of such a PROMISE Coordinating Council shall be
representatives of public and private sector entities and individuals
that—

(1)

shall include, to
the extent possible, at least one representative from each of the
following:

(A)

the local chief
executive’s office;

(B)

a local
educational agency;

(C)

a local health
agency or provider;

(D)

a local mental
health agency or provider, unless the individual under subparagraph (C) also
meets the requirements of this subparagraph;

(E)

a local public
housing agency;

(F)

a local law
enforcement agency;

(G)

a local child
welfare agency;

(H)

a local juvenile
court;

(I)

a local juvenile
prosecutor’s office;

(J)

a private juvenile
residential care entity;

(K)

a local juvenile
public defender’s office;

(L)

a state juvenile
correctional entity;

(M)

a local business
community representative; and

(N)

a local faith-based
community representative;

(2)

shall include two
representatives from each of the following:

(A)

parents who have
minor children, and who have an interest in the local juvenile or criminal
justice systems;

(B)

youth between the
ages of 15 and 24 who reside in the jurisdiction of the unit or Tribe;
and

(C)

members from
nonprofit community-based organizations that provide effective delinquency
prevention and intervention to youth in the jurisdiction of the unit or Tribe;
and

(3)

may include other
members, as the unit or Tribe determines to be appropriate.

203.

Needs and
strengths assessment

(a)

Assessment

Each
PROMISE Coordinating Council receiving funds from a unit of local government or
Indian tribe under this subtitle shall conduct an objective strengths and needs
assessment of the resources of the community for which such PROMISE
Coordinating Council was established, to identify the unmet needs of youth in
the community with respect to evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention. The PROMISE Coordinating Council shall consult with a research
partner receiving a grant under section 302 for assistance with such
assessment. Such assessment shall include, with respect to the community for
which such PROMISE Coordinating Council was established—

(1)

the number of youth who are at-risk of
involvement in juvenile delinquency or street gang activity;

(2)

the number of
youth who are involved in juvenile delinquency or criminal street gang
activity, including the number of such youth who are at high-risk of continued
involvement;

(3)

youth unemployment
rates during the summer;

(4)

the number of
individuals on public financial assistance (including a breakdown of the
numbers of men, women, and children on such assistance), the estimated number
of youth who are chronically truant, and the number of youth who have dropped
out of school in the previous year;

(5)

for the year
before such assessment, the estimated total amount expended (by the community
and other entities) for the incarceration of offenders who were convicted or
adjudicated delinquent for an offense that was committed in such community,
including amounts expended for the incarceration of offenders in prisons,
jails, and juvenile facilities that are located in the United States but are
not located in such community;

(6)

a comparison of the amount under
paragraph (5) with an estimation of the
amount that would be expended for the incarceration of offenders described in
such paragraph if the number of offenders described in such paragraph was equal
to the national average incarceration rate per 100,000 population;

(7)

a
description of evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention available for youth in
the community, including school-based programs, after school programs
(particularly programs that have activities available for youth between 3:00
and 6:00 in the afternoon), weekend activities and programs, youth mentoring
programs, faith and community-based programs, summer activities, and summer
jobs, if any; and

(8)

a
description of evidence-based and promising intervention practices available
for youth in the community.

(b)

Limitation on
use of assessment information

Information gathered pursuant to
this section may be used for the sole purpose of developing a PROMISE Plan in
accordance with this subtitle.

204.

PROMISE Plan
components

(a)

In
general

Each PROMISE Coordinating Council receiving funds from a
unit of local government or Indian tribe under this subtitle shall develop a
PROMISE Plan to provide for the coordination of, and, as appropriate, to
support the delivery of, evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention to youth and families who reside in the community for which such
PROMISE Coordinating Council was established. Such a PROMISE Plan shall—

(1)

include the
strategy by which the PROMISE Coordinating Council plans to prioritize and
allocate resources and services toward the unmet needs of youth in the
community, consistent with the needs and available resources of communities
with the greatest need for assistance, as determined pursuant to section
102;

(2)

include a
combination of evidence-based and promising prevention and intervention
practices that are responsive to the needs of the community;

(3)

take into account
the cultural and linguistic needs of the community; and

(4)

use approaches
that have been shown to be effective at reducing the rates of juvenile
delinquency and criminal street gang activity in communities.

(b)

Mandatory
components

Each PROMISE Plan shall—

(1)

include a plan to
connect youth identified in paragraphs (1) and (2) of section 203(a) to
evidence-based or promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention;

(2)

identify the
amount or percentage of local funds that are available to the PROMISE
Coordinating Council to carry out the PROMISE Plan;

(3)

provide strategies
to improve indigent defense delivery systems, with particular attention given
to groups of children who are disproportionately represented in the State
delinquency system and Federal criminal justice system, as compared to the
representation of such groups in the general population of the State;

(4)

provide for
training (which complies with the American Bar Association Juvenile Justice
Standards for the representation and care of youth in the juvenile justice
system) of prosecutors, defenders, probation officers, judges and other court
personnel related to issues concerning the developmental needs, challenges, and
potential of youth in the juvenile justice system (including training related
to adolescent development and mental health issues, and the expected impact of
evidence-based practices and cost reduction strategies);

(5)

ensure that the
number of youth involved in the juvenile delinquency and criminal justice
systems does not increase as a result of the activities undertaken with the
funds provided under this subtitle;

(6)

describe the
coordinated strategy that will be used by the PROMISE Coordinating Council to
provide at-risk youth with evidenced-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention;

(7)

propose the performance evaluation process
to be used to carry out section 211(d), which shall include performance
measures to assess efforts to address the unmet needs of youth in the community
with evidence-based and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention; and

(8)

identify the
research partner the PROMISE Coordinating Council will use to obtain
information on evidenced-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and intervention, and
for the evaluation under section 211(d) of the results of the activities
carried out with funds under this subtitle.

(c)

Voluntary
components

In addition to the components under subsection (b), a
PROMISE Plan may include evidence-based or promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention in the following categories:

Youth and
adolescent development services, including job training and apprenticeship
programs, job placement and retention training, education and after school
programs (such as school programs with shared governance by students, teachers,
and parents, and activities for youth between the hours of 3:00 and 6:00 in the
afternoon), mentoring programs, conflict resolution skills training, sports,
arts, life skills, employment and recreation programs, summer jobs, and summer
recreation programs, and alternative school resources for youth who have
dropped out of school or demonstrate chronic truancy.

(4)

Heath and mental
health services, including cognitive behavioral therapy, play therapy, and peer
mentoring and counseling.

Alternatives to
detention and confinement programs (such as mandated participation in community
service, restitution, counseling, and intensive individual and family
therapeutic approaches).

(10)

Pre-release,
post-release, and reentry services to assist detained and incarcerated youth
with transitioning back into and reentering the community.

205.

Authorization
of appropriations

There are
authorized to be appropriated to carry out this subtitle and section 102,
$300,000,000 for fiscal year 2010.

B

PROMISE
Implementation grants

211.

PROMISE
Implementation grants authorized

(a)

PROMISE
Implementation grants authorized

The Administrator of the Office
of Juvenile Justice and Delinquency Prevention is authorized to award grants to
units of local government and Indian Tribes to assist PROMISE Coordinating
Councils with implementing PROMISE Plans (developed pursuant to subtitle
A).

(b)

Grant duration
and amount

(1)

Duration

A
grant awarded under this section shall be for a four-year period.

(2)

Maximum grant
amount

A grant awarded under this section shall not be for more
than $10,000,000 per year for each year of the grant period.

(c)

Non-Federal
funds required

For each fiscal year during the four-year grant
period for a grant under this subtitle, each unit of local government or Indian
Tribe receiving such a grant for a PROMISE Coordinating Council shall provide,
from non-Federal funds, in cash or in kind, 25 percent of the costs of the
activities carried out with such grant.

(d)

Evaluation

Of any funds provided to a unit of local
government or an Indian Tribe for a grant under this subtitle, not more than
$100,000 shall be used to provide a contract to a competitively selected
organization to assess the progress of the unit or Tribe in addressing the
unmet needs of youth in the community, in accordance with the performance
measures under section 204(b)(7).

212.

PROMISE
Implementation grant application requirements

(a)

Application
required

To be eligible to receive a PROMISE Implementation grant
under this subtitle, a unit of local government or Indian Tribe that received a
PROMISE Assessment and Planning grant under subtitle A shall submit an
application to the Administrator of the Office of Juvenile Justice and
Delinquency Prevention not later than one year after the date such unit of
local government or Indian Tribe was awarded such grant under subtitle A, in
such manner, and accompanied by such information, as the Administrator, after
consultation with the organization under section 223(f)(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), may
require.

investment in evidence-based and promising
practices related to juvenile delinquency and criminal street gang activity
prevention and intervention to be provided by the unit of local government or
Indian Tribe;

(B)

the activities to
be undertaken with the grants funds;

(C)

any expected
efficiencies in the juvenile justice or other local systems to be attained as a
result of implementation of the programs funded by the grant; and

(D)

outcomes from such
activities, in terms of the expected numbers related to reduced criminal
activity;

(3)

describe how
savings sustained from investment in prevention and intervention practices will
be reinvested in the continuing implementation of the PROMISE Plan; and

(4)

provide an
assurance that the local fiscal contribution with respect to evidence-based and
promising practices related to juvenile delinquency and criminal street gang
activity prevention and intervention in the community for which the PROMISE
Coordinating Council was established for each year of the grant period will not
be less than the local fiscal contribution with respect to such practices in
the community for the year preceding the first year of the grant period.

213.

Grant award
guidelines

(a)

Selection and
Distribution

Grants awarded under this subtitle shall be awarded
on a competitive basis. The Administrator shall—

(1)

take such steps as may be necessary to
ensure that grants are awarded to units of local governments and Indian Tribes
in areas with the highest concentrations of youth who are—

(A)

at-risk of
involvement in juvenile delinquency or criminal street gang activity;
and

(B)

involved in
juvenile delinquency or street gang activity and who are at high-risk of
continued involvement; and

(2)

give consideration
to the need for grants to be awarded to units of local governments and Indian
Tribes in each region of the United States, and among urban, suburban, and
rural areas.

(b)

Extension of
grant award

The Administrator may extend the grant period under
section 211(b)(1) for a PROMISE Implementation grant to a unit of local
government or an Indian Tribe, in accordance with regulations issued by the
Administrator.

(c)

Renewal of grant
award

Subject to the
availability of appropriations, the Administrator may renew a PROMISE
Implementation grant to a unit of local government or an Indian Tribe to
provide such unit or Tribe with additional funds to continue implementation of
a PROMISE Plan. Such a renewal—

(1)

shall be initiated
by an application for renewal from a unit of local government or an Indian
Tribe;

(2)

shall be carried
out in accordance with regulations issued by the Administrator; and

(3)

shall not be
granted unless the Administrator determines such a renewal to be appropriate
based on the results of the evaluation conducted under section 223(a) with
respect to the community of such unit of Tribe for which a PROMISE Coordinating
Council was established, and for which such unit or Tribe is applying for
renewal.

214.

Reports

Not later than one year after the end of the
grant period for which a unit of local government or an Indian Tribe receives a
PROMISE Implementation grant, and annually thereafter for as long as such unit
or Tribe continues to receive Federal funding for a PROMISE Coordinating
Council, such unit or Tribe shall report to the Administrator regarding the use
of Federal funds to implement the PROMISE Plan developed under subtitle
A.

215.

Authorization
of appropriations

There is
authorized to be appropriated to carry out this subtitle, such sums as may be
necessary for each of the fiscal years 2010 through 2013.

C

General PROMISE
grant provisions

221.

Non-supplanting
clause

A unit of local
government or Indian Tribe receiving a grant under this title shall use such
grant only to supplement, and not supplant, the amount of funds that, in the
absence of such grant, would be available to address the needs of youth in the
community with respect to evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention.

222.

Grant
application review panel

The
Administrator of the Office of Juvenile Justice and Delinquency Prevention, in
conjunction with the PROMISE Advisory Panel, shall establish and utilize a
transparent, reliable, and valid system for evaluating applications for PROMISE
Assessment and Planning grants and for PROMISE Implementation grants, and shall
determine which applicants meet the criteria for funding, based primarily on a
determination of greatest need (in accordance with section 102), with due
consideration to other enumerated factors and the indicated ability of the
applicant to successfully implement the program described in the
application.

223.

Evaluation of
PROMISE grant programs

(a)

Evaluation
required

Subject to the availability of appropriations under this
title, the Administrator shall, in consultation with the organization under
section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs and
activities carried out with grants under this title. In carrying out this
section, the Administrator shall—

(1)

award grants to
institutions of higher education (including institutions that are eligible to
receive funds under part J of title IV of the Higher Education Act of 1965 (as
amended by Public Law 110–84)) to facilitate the evaluation process and
measurement of achieved outcomes;

(2)

identify evidence-based and promising
practices used by Promise Coordinating Councils under PROMISE Implementation
grants that have proven to be effective in preventing involvement in, or
diverting further involvement in, juvenile delinquency or criminal street gang
activity; and

(3)

ensure—

(A)

that such
evaluation is based on the performance standards that are developed by the
PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (as added by section 101(b) of
this Act);

(B)

the development of
longitudinal and clinical trial evaluation and performance measurements with
regard to the evidence-based and promising practices funded under this title;
and

(C)

the dissemination of the practices
identified in
paragraph (2) to the National Research
Center for Proven Practices Research (established under section 301), units of
local government, and Indian Tribes to promote the use of such practices by
such units and Tribes to prevent involvement in, or to divert further
involvement in, juvenile delinquency or criminal street gang activity.

(b)

Results to the
National Research Center for Proven Juvenile Justice
Practices

The Administrator shall provide the results of the
evaluation under subsection (a) to the National Research Center for Proven
Juvenile Justice Practices established under section 301.

III

PROMISE Research
Centers

301.

Establishment
of National Research Center for Proven Juvenile Justice Practices

(a)

Center
established

Subject to the
availability of appropriations, the Administrator shall award a grant to a
nonprofit organization with a national reputation for expertise in operating or
evaluating effective, evidenced-based practices related to juvenile delinquency
and criminal street gang activity prevention or intervention to develop a
National Research Center for Proven Juvenile Justice Practices. Such center
shall—

(1)

collaborate with
institutions of higher education as regional partners to create a best
practices juvenile justice information-sharing network to support the programs
and activities carried out with grants under title II of this Act;

(2)

collect, and
disseminate to PROMISE Coordinating Councils, research and other information
about evidence-based and promising practices related to juvenile delinquency
and criminal street gang activity prevention and intervention to inform the
efforts of PROMISE Coordinating Councils and regional research partners and to
support the programs and activities carried out with grants under title II of
this Act;

(3)

increase the
public’s knowledge and understanding of effective juvenile justice practices to
prevent crime and delinquency and reduce recidivism; and

There is authorized to be appropriated to carry
out this section $5,000,000 for each of the fiscal years 2010 through
2014.

302.

Grants for
Regional Research Proven Practices Partnerships

(a)

Grant program
authorized

The Administrator
shall, subject to the availability of appropriations, establish a grant program
to award grants to institutions of higher education to serve as regional
research partners with PROMISE Coordinating Councils that are located in the
same geographic region as an institution, in collaboration with the National
Center for Juvenile Justice Proven Practices authorized under section 301.
Regional research partners shall provide research support to such PROMISE
Coordinating Councils, including—

(1)

assistance with
preparing PROMISE grant applications under title II, including collection of
baseline data for such applications;

(2)

assistance with
the needs and strengths assessments conducted under section 203; and

(3)

provision of support services to PROMISE
grant recipients for data collection and analysis to assess progress under the
PROMISE grant.

(b)

Authorization of
appropriations

There is authorized to be appropriated to carry
out this section $20,000,000 for each of the fiscal years 2010 through
2014.

IV

Youth–Oriented
Policing Services

401.

Purpose

The purpose of this title is to prevent
involvement by youth in, and to divert youth from further involvement in,
juvenile delinquency and criminal street gang activity by providing funding for
youth-oriented community-based law enforcement, through coordination with
PROMISE Coordinating Councils and other community-based organizations, to carry
out evidenced-based and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention that are aimed at
reducing—

(1)

the number of
youth who are victims of crime;

(2)

self-destructive
behaviors in youth, including dropping out of school;

(3)

juvenile
delinquency; and

(4)

criminal street
gang activity.

402.

Definitions

In this title:

(1)

Youth-oriented
Policing Service

The term
Youth-oriented Policing Service means a strategic effort by a
State, local, or tribal law enforcement agency to—

use strategies
based on the SARA model, in collaboration with community-based public and
private organizations, to reduce—

(i)

the
number of youth who are victims of crime; and

(ii)

the
risks of juvenile delinquency and criminal street gang activity.

(2)

SARA
model

The term SARA
model means a problem-solving technique used to organize approaches to
recurring problems, which requires action with respect to a problem that
includes scanning, analysis, response, and assessment.

403.

Grants to
State, local, and tribal law enforcement agencies to hire and train
youth-oriented policing officers

(a)

Hiring grants
authorized

Subject to the
availability of appropriations, the Director of the Office of Community
Oriented Policing Services shall award grants to State, local, and tribal law
enforcement agencies—

(1)

to
hire law enforcement officers as youth-oriented police to work collaboratively
with PROMISE Coordinating Councils, other community-based organizations, and
youth at high risk of becoming involved in delinquent activities to reduce such
risks through specialized training related to—

(A)

youth
development;

(B)

investigation of
offenses committed by youth; and

(C)

the effectiveness of evidenced-based and
promising practices related to juvenile delinquency and criminal street gang
activity prevention and intervention, as compared to the effectiveness of
traditional law enforcement approaches, when dealing with youth; and

(2)

for training and capacity-building of law
enforcement agencies related to youth-oriented policing practices and efforts,
including—

working with
PROMISE Coordinating Councils to develop effective initiatives and practices
that promote healthy youth development and prevent involvement by youth in, or
divert further youth involvement in, juvenile delinquency and criminal street
gang activity.

(b)

Duration

A
grant awarded to a law enforcement agency under this section shall be for a
4-year period.

(c)

Maximum grant
amount

A grant awarded to a law enforcement agency under this
section shall not exceed $2,000,000.

(d)

Priority

In
awarding grants under this section, the Director shall give priority to law
enforcement agencies that serve designated geographic areas that are ranked
highest in the rankings of such areas determined under section 102, and shall
consider whether a law enforcement agency serves a community for which a
PROMISE Coordinating Council was established.

404.

Establishment
of Center for Youth-Oriented Policing

(a)

Grant To
establish Center for Youth-oriented Policing

Subject to the availability of
appropriations, the Director of the Office of Community Oriented Policing
Services shall award a grant, on a competitive basis, to an eligible
organization to establish a Center for Youth-oriented Policing to—

(1)

develop a model Youth-oriented Policing
Services training program to train representatives from State, regional, and
local law enforcement training academies to provide Youth-oriented Policing
Services training to law enforcement officers, which shall—

(A)

be based on
evidence-based and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention; and

(B)

include training
related to specialized police services for preventing youth at who are involved
in, or who are at high risk of becoming involved in, juvenile delinquency or
criminal street gang activity;

(2)

support the
adoption of new technologies related to—

(A)

the prioritization
of risks related to juvenile delinquency and criminal street gang
activity;

(B)

the safety of
juveniles in custody; and

(C)

the prevention of
gun violence; and

(3)

develop, compile,
and disseminate to youth-oriented police information about evidence-based and
promising practices that are best practices for Youth-oriented Policing
Services for preventing and reducing involvement of youth in juvenile
delinquency and criminal street gang activity.

(b)

Eligible
organization

In this section, the term eligible
organization means a nonprofit organization that has
demonstrated—

(1)

experience in
providing training, advice, and support to law enforcement agencies;

(2)

commitment to
helping youth avoid delinquency, crime, and involvement with the juvenile and
criminal justice systems;

(3)

experience in providing law-abiding
alternative life styles to youth who are participating in delinquency and
criminal street gang activity, or who are involved with the juvenile or
criminal justice systems; and

(4)

ability and
commitment to work in partnership with community-based organizations that
provide services to reduce juvenile delinquency and criminal street gang
activity.

(c)

YOPS Advisory
Board

(1)

Board
established

The Center for Youth-oriented Policing established
pursuant to subsection (a) shall establish a Youth-oriented Policing Services
Advisory Board to develop an annual work plan for the Center (in accordance
with the conditions and requirements of the grant provided under this section).
Such Board shall meet at least once each calendar quarter to consider reports
of the Center’s activities (including progress made toward accomplishing such
work plan), and to approve continuation of or amendment to such work
plan.

(2)

Membership

The membership of the Youth-oriented
Policing Services Advisory Board shall—

(A)

be composed
of—

(i)

an appointee of the chief executive of the
Center for Youth-oriented Policing, who shall serve in an ex-officio
capacity;

(ii)

an appointee of the PROMISE Advisory Panel
established pursuant to section 223(g) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (as added by section 101(b) of this Act), who shall
serve in an ex-officio capacity; and

(iii)

individuals who are selected by the Center
for Youth-oriented Policing from a list of recommended individuals provided by
the PROMISE Advisory Panel in accordance with such section 223(g), as
follows:

(I)

8
law enforcement officers from international, national, State, and local law
enforcement organizations;

(II)

4 juvenile
justice administrators (including judges), including 2 administrators from the
State level and 2 administrators from the local level;

(III)

4
representatives of community-based organizations that advocate for juveniles,
one each from a national, State, local, and tribal organization; and

(IV)

4 individuals who
research juvenile crime prevention issues; and

(B)

to the greatest
extent possible, have a demographic composition that represents the demographic
composition of the population of the United States.

There is
authorized to be appropriated to carry out this title $100,000,000 for each of
the fiscal years 2010 through 2014, to be made available as follows:

(1)

Such sums as may be necessary in each such
fiscal year to carry out the activities of the Center for Youth-oriented
Policing established pursuant to section 404, except that such sums shall not
exceed $5,000,000 or 10 percent of the total amount appropriated to carry out
this title, which ever is less.

(2)

Of the funds remaining for each such fiscal
year after sums are made available under paragraph (1)—

(A)

80 percent shall be available to award
grants to carry out the activities in section 403(a)(1); and

(B)

20 percent shall be available to award
grants to carry out the activities in section 403(a)(2).

V

Enhanced Federal
support of local law enforcement

A

Comprehensive gang
prevention and relief

501.

Short
title

This subtitle may be
cited as Mynisha's Law.

502.

Findings

Congress finds—

(1)

with an estimated 26,500 gangs operating
within the United States, gang violence and drug trafficking remain serious
problems throughout the country, causing injury and death to innocent victims,
often children;

(2)

on November 13, 2005, a gang-related
dispute broke out in San Bernardino, California, and gunfire sprayed an
apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding
her 14-year-old sister as they ate Sunday dinner with their family;

(3)

this tragic shooting symbolizes the
struggle that so many communities across the United States, like San
Bernardino, face in combating gang violence, and serves as a reminder of the
nationwide problem of protecting children from senseless violence;

(4)

according to the National Drug Threat
Assessment, criminal street gangs are responsible for the distribution of much
of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the
United States;

(5)

the Federal Government has made an
increased commitment to the suppression of gang violence through enhanced law
enforcement and criminal penalties; and

(6)

more Federal resources and coordination are
needed to reduce gang violence through proven and proactive prevention and
intervention programs that focus on keeping at-risk youth in school and out of
the criminal justice system.

503.

Designation as a High Intensity Gang
Activity Area

(a)

In general

A unit of local government, city, county,
tribal government, or a group of counties (whether located in 1 or more States)
may submit an application to the Attorney General for designation as a High
Intensity Gang Activity Area.

(b)

Criteria

(1)

In general

The Attorney General shall establish
criteria for reviewing applications submitted under subsection (a).

(2)

Considerations

In establishing criteria under subsection
(a) and evaluating an application for designation as a High Intensity Gang
Activity Area, the Attorney General shall consider—

(A)

the current and predicted levels of gang
crime activity in the area;

(B)

the extent to which violent crime in the
area appears to be related to criminal gang activity;

(C)

the extent to which the area is already
engaged in local or regional collaboration regarding, and coordination of, gang
prevention activities; and

(D)

such other criteria as the Attorney General
determines to be appropriate.

504.

Purpose of the Task Force

(a)

In general

In order to coordinate Federal assistance
to High Intensity Gang Activity Areas, the Attorney General shall establish an
Interagency Gang Prevention Task Force (in this subtitle referred to as the
Task Force) in each such area, consisting of a representative
from—

(1)

the Department of Justice;

(2)

the Department of Education;

(3)

the Department of Labor;

(4)

the Department of Health and Human
Services; and

(5)

the Department of Housing and Urban
Development.

(b)

Coordination

For each High Intensity Gang Activity Area
designated by the Attorney General under section 503, the Task Force
shall—

(1)

coordinate the activities of the Federal
Government to create a comprehensive gang prevention response, focusing on
early childhood intervention, at-risk youth intervention, literacy, employment,
community policing, and comprehensive community-based programs such as
Operation Cease Fire; and

(2)

coordinate its efforts with local and
regional gang prevention efforts.

(c)

Programs

Each Task Force shall prioritize the needs
of a High Intensity Gang Activity Area for funding under—

the Even Start programs under subpart 3 of
part B of title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6381 et seq.);

(3)

the Healthy Start Initiative under section
330H of the Public Health Services Act (42 U.S.C. 254c–8);

(4)

the Head Start Act (42 U.S.C. 9831 et
seq.);

(5)

the 21st Century Community Learning Centers
program under part B of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7171 et seq.);

(6)

the Job Corps program under subtitle C of
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et
seq.);

(7)

the community development block grant
program under title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.);

(8)

the Gang Resistance Education and Training
projects under subtitle X of title III of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921);

(9)

any program administered by the Office of
Community Oriented Policing Services;

(10)

the Juvenile Accountability Block Grant
program under part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);

(11)

the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and

(12)

any other program that the Task Force
determines to be appropriate.

(d)

Reporting requirements

(1)

Annual Task Force reports to
AG

Not later than September 1
of each year, each Task Force shall submit to the Attorney General a report on
the funding needs and programmatic outcomes for each area designated as a High
Intensity Gang Activity Area.

(2)

Annual AG report to
Congress

Not later than December 1 of each year, the Attorney
General shall submit a report to the appropriate committees of Congress and the
Director of the Office of Management and Budget and the Domestic Policy Council
that describes, for each designated High Intensity Gang Activity Area—

(A)

the specific
long-term and short-term goals and objectives of each such area;

(B)

the measurements
used to evaluate the performance of the High Intensity Gang Activity Area in
achieving the long-term and short-term goals described under subparagraph
(A);

(C)

the age,
composition, and membership of gangs in each such area;

(D)

the number and
nature of crimes committed by gangs and gang members in each such area;

(E)

the definition of
the term gang used to compile the information required under
this subsection for each such area; and

(F)

the programmatic
outcomes and funding need of each High Intensity Gang Activity Area,
including—

(i)

an
evidence-based analysis of the best practices and outcomes from the work of the
relevant local collaborative working group; and

(ii)

an
analysis of whether Federal resources distributed meet the needs of the High
Intensity Gang Activity Area and, if any programmatic funding shortfalls exist,
recommendations for programs or funding to meet such shortfalls.

505.

Authorization of
appropriations

There are
authorized to be appropriated such sums as are necessary to meet any needs
identified by the Attorney General or in any report submitted under section
504(d)(2).

B

Community and
police collaboration

511.

Gang prevention
grants

(a)

Authority To
Make Grants

The Office of
Community Oriented Policing Services of the Department of Justice may make
grants, in accordance with such regulations as the Director may prescribe to
units of local government and Indian tribes with a PROMISE Coordinating Council
(established in accordance with subtitle A or title II of this Act) to enable
such PROMISE Coordinating Council to develop community-based programs that
provide crime prevention, research, and intervention services that are designed
to prevent violence and gang involvement by youthful offenders and at-risk
youth.

(b)

Use of Grant
Amounts

A grant under this section may be used (including through
subgrants) for—

preventing violence and gang involvement
through nonviolent and constructive activities, such as community service
programs, development of nonviolent conflict resolution skills, employment and
legal assistance, family counseling, and other safe, community-based
alternatives for crime-involved or high-risk youth;

developing
programs and youth centers for first-time nonviolent offenders facing
alternative penalties, such as mandated participation in community service,
restitution, counseling, and education and prevention programs;

(8)

implementing multidisciplinary approaches
to combat youth violence and gang involvement through coordinated programs
operated by law enforcement and other public, private, and faith-based
community organizations for prevention and intervention (including street
outreach programs and other peacemaking activities, such as Ceasefire,
COMPSTAT, CAPS, and GRIP) or coordinated law enforcement activities (including
crime mapping strategies that enhance focused crime prevention, intervention,
and reintegration strategies for offender reentry); or

(9)

identifying at-risk and high-risk students
through home visits organized through joint collaborations between law
enforcement, faith-based organizations, schools, other community based
organizations, and social workers.

(c)

Grant
Requirements

(1)

Maximum

The
amount of a grant under this section may not exceed $1,000,000.

(2)

Consultation and
cooperation

Each recipient of a grant under this section shall
have in effect on the date of the application by that entity agreements to
consult and cooperate with local, State, or Federal law enforcement and
participate, as appropriate, in coordinated efforts to reduce gang activity and
violence.

(d)

Annual
Report

Each recipient of a grant under this section shall submit
to the Attorney General, for each year in which funds from a grant received
under this section are expended, a report containing—

(1)

a
summary of the activities carried out with grant funds during that year;

(2)

an assessment of
the effectiveness of the crime prevention, research, and intervention
activities of the recipient, based on data collected by the grant
recipient;

(3)

a
strategic plan for the year following the year described in paragraph
(1);

(4)

evidence of
consultation and cooperation with local, State, or Federal law enforcement or,
if the grant recipient is a government entity, evidence of consultation with an
organization engaged in any activity described in subsection (b); and

(5)

such other
information as the Attorney General may require.

(e)

Definition

In
this section, the term units of local government includes sheriffs
departments, police departments, and local prosecutor offices.

(f)

Authorization of
Appropriations

There are authorized to be appropriated for grants
under this section, such sums as may be necessary for each of the fiscal years
2010 through 2014.

512.

National youth
anti-heroin media campaign

Section 709 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended—

(1)

by redesignating
subsections (k) and (l) as subsections (l) and (m), respectively; and

(2)

by
inserting after subsection (j) the following:

(k)

Prevention of
Heroin Abuse

(1)

Findings

Congress
finds the following:

(A)

Heroin, and
particularly the form known as cheese heroin (a drug made by
mixing black tar heroin with diphenhydramine), poses a significant and
increasing threat to youth in the United States.

(B)

Drug organizations
import heroin from outside of the United States, mix the highly addictive drug
with diphenhydramine, and distribute it mostly to youth.

(C)

Since the initial
discovery of cheese heroin on Dallas school campuses in 2005, at least 21
minors have died after overdosing on cheese heroin in Dallas County.

(D)

The number of
arrests involving possession of cheese heroin in the Dallas area during the
2006–2007 school year increased over 60 percent from the previous school
year.

(E)

The ease of
communication via the Internet and cell phones allows a drug trend to spread
rapidly across the country, creating a national threat.

(F)

Gangs recruit
youth as new members by providing them with this inexpensive drug.

(G)

Reports show that
there is rampant ignorance among youth about the dangerous and potentially
fatal effects of cheese heroin.

(2)

Prevention of
heroin abuse

In conducting advertising and activities otherwise
authorized under this section, the Director shall promote prevention of youth
heroin use, including cheese
heroin.

.

C

City Youth
Violence Recovery

521.

Short
title

This subtitle may be
cited as the City Youth Violence
Recovery Act.

522.

Findings

The Congress finds the following:

(1)

The mental health of young people is
essential to their overall well-being. Mental health affects how young people
think, feel, and act; their ability to learn and engage in relationships; their
self-esteem; their ability to evaluate situations and make choices; and their
ability to handle stress, relate to other people, and acquire the skills and
training needed for adulthood.

(2)

Each year many
children and adolescents sustain injuries from violence, lose friends or family
members because of violence, or are adversely affected by witnessing
violence.

(3)

Youth violence,
perpetrated both by and against young people, results in enormous physical,
emotional, social, and economic consequences.

(4)

The National
Institutes of Health has found that inner-city children experience the greatest
exposure to violence, and youngsters who have been exposed to community
violence are more likely to exhibit aggressive behavior or depression within
the following year.

(5)

Any event that can
cause a person to feel fear, helplessness, horror, and a sense that life or
safety is in danger puts a person, especially children, at risk for
posttraumatic stress.

(6)

Many cities lack
the resources to provide the appropriate youth counseling and therapy services
to minimize the long-term emotional harm of community violence.

523.

Grants to
prevent or alleviate the effects of youth violence

(a)

Grants

The Attorney General of the United States
may award grants to eligible entities to prevent or alleviate the effects of
youth violence in eligible urban communities by providing violence-prevention
education, mentoring, counseling, and mental health services to children and
adolescents in such communities.

(b)

Priority

In
awarding grants under this section, the Attorney General shall give priority to
applicants that agree to use the grant in one or more eligible urban
communities that lack the monetary or other resources to address youth
violence.

(c)

Limitation

The
Attorney General may not make a grant to an eligible entity under this section
unless the entity agrees to use not more than 15 percent of the funds provided
through the grant for violence-prevention education.

(d)

Definitions

In
this section:

(1)

The term eligible entity means
a partnership between a State mental health authority and one or more local
public or private providers, such as a local government agency, State agency,
educational institution, or nonprofit or for-profit organization.

(2)

The term
eligible urban community means an urban community with a high or
increasing incidence of youth violence.

(e)

Authorization of
appropriations

To carry out this section, there is authorized to
be appropriated $10,000,000 for each of fiscal years 2010 through 2014.

VI

PRECAUTION
Act

601.

Short
title

This title may be cited
as the Prevention Resources for
Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods
Act of 2009, or the PRECAUTION Act.

602.

Purposes

The purposes of this title are to—

(1)

establish a
commitment on the part of the Federal Government to provide leadership on
successful crime prevention and intervention strategies;

(2)

further the
integration of crime prevention and intervention strategies into traditional
law enforcement practices of State and local law enforcement offices around the
country;

(3)

develop a
plain-language, implementation-focused assessment of those current crime and
delinquency prevention and intervention strategies that are supported by
rigorous evidence;

(4)

provide additional
resources to the National Institute of Justice to administer research and
development grants for promising crime prevention and intervention
strategies;

(5)

develop
recommendations for Federal priorities for crime and delinquency prevention and
intervention research, development, and funding that may augment important
Federal grant programs, including the Edward Byrne Memorial Justice Assistance
Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant programs
administered by the Office of Community Oriented Policing Services of the
Department of Justice, grant programs administered by the Office of Safe and
Drug-Free Schools of the Department of Education, and other similar programs;
and

Family and
community settings (including public health-based strategies).

(B)

Law enforcement
settings (including probation-based strategies).

(C)

School settings
(including antigang and general antiviolence strategies).

(4)

Top-tier

The
term top-tier means any strategy supported by rigorous evidence of
the sizable, sustained benefits to participants in the strategy or to
society.

604.

National
Commission on Public Safety Through Crime Prevention

(a)

Establishment

There is established a commission to be
known as the National Commission on Public Safety Through Crime
Prevention.

(b)

Members

(1)

In
general

The Commission shall be composed of 9 members, of
whom—

(A)

3 shall be
appointed by the President, 1 of whom shall be the Assistant Attorney General
for the Office of Justice Programs or a representative of such Assistant
Attorney General;

(B)

2 shall be
appointed by the Speaker of the House of Representatives, unless the Speaker is
of the same party as the President, in which case 1 shall be appointed by the
Speaker of the House of Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;

(C)

1 shall be
appointed by the minority leader of the House of Representatives (in addition
to any appointment made under
subparagraph (B));

(D)

2 shall be
appointed by the majority leader of the Senate, unless the majority leader is
of the same party as the President, in which case 1 shall be appointed by the
majority leader of the Senate and 1 shall be appointed by the minority leader
of the Senate; and

(E)

1 member appointed
by the minority leader of the Senate (in addition to any appointment made under
subparagraph (D)).

(2)

Persons
eligible

(A)

In
general

Each member of the Commission shall be an individual who
has knowledge or expertise in matters to be studied by the Commission.

(B)

Required
representatives

At least—

(i)

2
members of the Commission shall be respected social scientists with experience
implementing or interpreting rigorous, outcome-based trials; and

(ii)

2
members of the Commission shall be law enforcement practitioners.

(3)

Consultation
required

The President, the Speaker of the House of
Representatives, the minority leader of the House of Representatives, and the
majority leader and minority leader of the Senate shall consult prior to the
appointment of the members of the Commission to achieve, to the maximum extent
possible, fair and equitable representation of various points of view with
respect to the matters to be studied by the Commission.

(4)

Term

Each
member shall be appointed for the life of the Commission.

(5)

Time for initial
appointments

The appointment of the members shall be made not
later than 60 days after the date of enactment of this Act.

(6)

Vacancies

A
vacancy in the Commission shall be filled in the manner in which the original
appointment was made, and shall be made not later than 60 days after the date
on which the vacancy occurred.

(7)

Ex officio
members

The Director of the National Institute of Justice, the
Director of the Office of Juvenile Justice and Delinquency Prevention, the
Director of the Community Capacity Development Office, the Director of the
Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance,
and the Director of Community Oriented Policing Services (or a representative
of each such director) shall each serve in an ex officio capacity on the
Commission to provide advice and information to the Commission.

(c)

Operation

(1)

Chairperson

At
the initial meeting of the Commission, the members of the Commission shall
elect a chairperson from among its voting members, by a vote of
2/3 of the members of the Commission. The chairperson
shall retain this position for the life of the Commission. If the chairperson
leaves the Commission, a new chairperson shall be selected, by a vote of
2/3 of the members of the Commission.

(2)

Meetings

The
Commission shall meet at the call of the chairperson. The initial meeting of
the Commission shall take place not later than 30 days after the date on which
all the members of the Commission have been appointed.

(3)

Quorum

A
majority of the members of the Commission shall constitute a quorum to conduct
business, and the Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.

(4)

Rules

The
Commission may establish by majority vote any other rules for the conduct of
Commission business, if such rules are not inconsistent with this title or
other applicable law.

(d)

Public
hearings

(1)

In
general

The Commission shall hold public hearings. The Commission
may hold such hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission considers advisable to
carry out its duties under this section.

(2)

Focus of
hearings

The Commission shall hold at least 3 separate public
hearings, each of which shall focus on 1 of the subcategories.

(3)

Witness
expenses

Witnesses requested to appear before the Commission
shall be paid the same fees as are paid to witnesses under section 1821 of
title 28, United States Code. The per diem and mileage allowances for witnesses
shall be paid from funds appropriated to the Commission.

recommended
protocols for evaluating the effectiveness of crime and delinquency prevention
and intervention strategies; and

(v)

a
summary of the materials relied upon by the Commission in preparation of the
report.

(C)

Consultation
with outside authorities

In developing the recommended protocols
for implementation and rigorous evaluation of top-tier crime and delinquency
prevention and intervention strategies under this paragraph, the Commission
shall consult with the Committee on Law and Justice at the National Academy of
Science and with national associations representing the law enforcement and
social science professions, including the National Sheriffs' Association, the
Police Executive Research Forum, the International Association of Chiefs of
Police, the Consortium of Social Science Associations, and the American Society
of Criminology.

Not later than 30 days after the date of the final
hearing under
subsection (d) relating to a subcategory,
the Commission shall provide the Director of the National Institute of Justice
with recommendations on qualifying considerations relating to that subcategory
for selecting grant recipients under
section 605.

(B)

Deadline

Not
later than 13 months after the date on which all members of the Commission have
been appointed, the Commission shall provide all recommendations required under
this subsection.

the types of
strategies for the applicable subcategory that would best benefit from
additional research and development;

(B)

any geographic or
demographic targets;

(C)

the types of
partnerships with other public or private entities that might be pertinent and
prioritized; and

(D)

any classes of
crime and delinquency prevention and intervention strategies that should not be
given priority because of a pre-existing base of knowledge that would benefit
less from additional research and development.

(g)

Final report on
the results of the innovative crime prevention and intervention strategy
grants

(1)

In
general

Following the close of the 3-year implementation period
for each grant recipient under
section 605, the Commission shall collect the
results of the study of the effectiveness of that grant under
section 605(b)(3) and shall submit a
public report to the President, the Attorney General, Congress, the chief
executive of each State, and the attorney general of each State describing each
strategy funded under
section 605 and its results. This report
shall be submitted not later than 5 years after the date of the selection of
the chairperson of the Commission.

(2)

Collection of
information and evidence regarding grant recipients

The
Commission’s collection of information and evidence regarding each grant
recipient under
section 605 shall be carried out by—

(A)

ongoing
communications with the grant administrator at the National Institute of
Justice;

(B)

visits by
representatives of the Commission (including at least 1 member of the
Commission) to the site where the grant recipient is carrying out the strategy
with a grant under
section 605, at least once in the second and
once in the third year of that grant;

(C)

a review of the
data generated by the study monitoring the effectiveness of the strategy;
and

(D)

other means as
necessary.

(3)

Matters
included

The report submitted under
paragraph (1) shall include a review of
each strategy carried out with a grant under
section 605, detailing—

(A)

the type of crime
or delinquency prevention or intervention strategy;

(B)

where the
activities under the strategy were carried out, including geographic and
demographic targets;

(C)

any partnerships
with public or private entities through the course of the grant period;

(D)

the type and
design of the effectiveness study conducted under
section 605(b)(3) for that
strategy;

(E)

the results of the
effectiveness study conducted under
section 605(b)(3) for that
strategy;

(F)

lessons learned
regarding implementation of that strategy or of the effectiveness study
conducted under
section 605(b)(3), including
recommendations regarding which types of environments might best be suited for
successful replication; and

(G)

recommendations
regarding the need for further research and development of the strategy.

(h)

Personnel
matters

(1)

Travel
expenses

The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of service for the Commission.

(2)

Compensation of
members

Members of the Commission shall serve without
compensation.

(3)

Staff

(A)

In
general

The chairperson of the Commission may, without regard to
the civil service laws and regulations, appoint and terminate an executive
director and such other additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an executive director shall
be subject to confirmation by the Commission.

(B)

Compensation

The
chairperson of the Commission may fix the compensation of the executive
director and other personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under section 5316 of such
title.

(4)

Detail of
Federal employees

With the affirmative vote of
2/3 of the members of the Commission, any Federal
Government employee, with the approval of the head of the appropriate Federal
agency, may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status, benefits,
or privileges.

(i)

Contracts for
research

(1)

National
institute of justice

With a 2/3 affirmative
vote of the members of the Commission, the Commission may select
nongovernmental researchers and experts to assist the Commission in carrying
out its duties under this title. The National Institute of Justice shall
contract with the researchers and experts selected by the Commission to provide
funding in exchange for their services.

(2)

Other
organizations

Nothing in this subsection shall be construed to
limit the ability of the Commission to enter into contracts with other entities
or organizations for research necessary to carry out the duties of the
Commission under this section.

(j)

Authorization of
appropriations

There are authorized to be appropriated $5,000,000
to carry out this section.

(k)

Termination

The
Commission shall terminate on the date that is 30 days after the date on which
the Commission submits the last report required by this section.

(l)

Exemption

The
Commission shall be exempt from the Federal Advisory Committee Act.

605.

Innovative
crime prevention and intervention strategy grants

(a)

Grants
authorized

The Director of
the National Institute of Justice may make grants to public and private
entities to fund the implementation and evaluation of innovative crime or
delinquency prevention or intervention strategies. The purpose of grants under
this section shall be to provide funds for all expenses related to the
implementation of such a strategy and to conduct a rigorous study on the
effectiveness of that strategy.

(b)

Grant
distribution

(1)

Period

A
grant under this section shall be made for a period of not more than 3
years.

(2)

Amount

The
amount of each grant under this section—

(A)

shall be
sufficient to ensure that rigorous evaluations may be performed; and

(B)

shall not exceed
$2,000,000.

(3)

Evaluation
set-aside

(A)

In
general

A grantee shall use not less than $300,000 and not more
than $700,000 of the funds from a grant under this section for a rigorous study
of the effectiveness of the strategy during the 3-year period of the grant for
that strategy.

(B)

Methodology of
study

(i)

In
general

Each study conducted under subparagraph (A) shall use an
evaluator and a study design approved by the employee of the National Institute
of Justice hired or assigned under subsection (c).

(ii)

Criteria

The
employee of the National Institute of Justice hired or assigned under
subsection (c) shall approve—

(I)

an evaluator that
has successfully carried out multiple studies producing rigorous evidence of
effectiveness; and

(II)

a proposed study
design that is likely to produce rigorous evidence of the effectiveness of the
strategy.

(iii)

Approval

Before
a grant is awarded under this section, the evaluator and study design of a
grantee shall be approved by the employee of the National Institute of Justice
hired or assigned under subsection (c).

(4)

Date of
award

Not later than 6 months after the date of receiving
recommendations relating to a subcategory from the Commission under section
4(f), the Director of the National Institute of Justice shall award all grants
under this section relating to that subcategory.

(5)

Type of
grants

One-third of the grants made under this section shall be
made in each subcategory. In distributing grants, the recommendations of the
Commission under section 4(f) shall be considered.

(6)

Authorization of
appropriations

There are authorized to be appropriated
$18,000,000 to carry out this subsection.

(c)

Dedicated
staff

(1)

In
general

The Director of the National Institute of Justice shall
hire or assign a full-time employee to oversee the grants under this
section.

(2)

Study
oversight

The employee of the National Institute of Justice hired
or assigned under paragraph (1) shall be responsible for ensuring that grantees
adhere to the study design approved before the applicable grant was
awarded.

(3)

Liaison

The
employee of the National Institute of Justice hired or assigned under paragraph
(1) may be used as a liaison between the Commission and the recipients of a
grant under this section. That employee shall be responsible for ensuring
timely cooperation with Commission requests.

(4)

Authorization of
appropriations

There are authorized to be appropriated $150,000
for each of fiscal years 2010 through 2014 to carry out this subsection.

(d)

Applications

A
public or private entity desiring a grant under this section shall submit an
application at such time, in such manner, and accompanied by such information
as the Director of the National Institute of Justice may reasonably
require.

(e)

Cooperation with
the Commission

Grant recipients shall cooperate with the
Commission in providing them with full information on the progress of the
strategy being carried out with a grant under this section, including—

(1)

hosting visits by
the members of the Commission to the site where the activities under the
strategy are being carried out;

(2)

providing
pertinent information on the logistics of establishing the strategy for which
the grant under this section was received, including details on partnerships,
selection of participants, and any efforts to publicize the strategy;
and

(3)

responding to any
specific inquiries that may be made by the Commission.

VII

Additional
improvements to juvenile justice

701.

Youth Victim
and Witness Assistance Program

(a)

In
General

Section 31702 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13862) is amended—

(1)

in
paragraph (3), by striking and at the end;

(2)

in paragraph (4),
by striking the period at the end and inserting ; and;
and

(3)

by adding at the
end the following new paragraph:

(5)

by a State, unit
of local government, or Indian tribe to create and expand witness and victim
protection programs to prevent threats, intimidation, and retaliation against
juvenile victims of, and witnesses to, violent
crimes.

.

(b)

Expansion of
Federal witness relocation and protection program

Section 3521(a)(1) of title 18, United
States Code, is amended by inserting criminal street gang, serious drug
offense, homicide, after organized criminal
activity.

(c)

Authorization of
Appropriations

Section 31707 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows:

31707.

Authorization
of appropriations

There are
authorized to be appropriated $5,000,000 for each of the fiscal years 2010
through 2014 to carry out this
subtitle.

.

702.

Expansion and
reauthorization of the Mentoring Initiative for system-involved youth

(a)

Expansion

Section
261(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by adding at
the end the following: Not later than 6 months after the date of
enactment of the Youth PROMISE
Act, the Administrator shall expand the number of sites receiving
such grants from 4 to 12..

consider the
appropriateness of life sentences without possibility for parole for minor
offenders in the Federal system; and

(4)

evaluate issues of
recidivism by juveniles who are released from prison or detention after serving
determinate sentences.

(c)

Report

Not
later than 1 year after the date of enactment of this Act, the United States
Sentencing Commission shall submit to Congress a report regarding the study
conducted under
subsection (a), which shall—

(1)

include the
findings of the Commission;

(2)

describe
significant cases reviewed as part of the study; and

(3)

make
recommendations, if any.

(d)

Revision of
Guidelines

If determined appropriate by the United States
Sentencing Commission after completing the study under
subsection (a), the Commission may,
pursuant to its authority under section 994 of title 28, United States Code,
establish or revise guidelines and policy statements, as warranted, relating to
the sentencing of minors.